Assembly approves new limits on charter schools

SACRAMENTO, Calif. 
The state Assembly narrowly approved a cap Thursday on the number of charter schools in California and banned nepotism in the hiring practices of the fast-growing alternative schools.

The bill, AB401, would limit the number of charter schools in the state to 1,450 by 2017 and impose some of the same rules that block public school employees from hiring family members.

The bill by Assemblyman Tom Ammiano, D-San Francisco, was approved 41-28 by the Assembly and now goes to the state Senate.

"Some accountability measures are needed to ensure that all charter schools are adequately performing," Ammiano said on the Assembly floor. "Charter schools are funded by public dollars" and should be subject to the same employment rules that keep public schools from hiring family members, he said.

Previous debate on the bill has suggested that growth in charter schools is so fast that the facilities might be draining resources from traditional public schools, but they aren't held accountable to the same standards.

Critics said limiting charter schools is a mistake because the innovative approaches have produced results.

"Why are we doing everything in our power to kill success?" asked Assemblyman Allan Mansoor, R-Costa Mesa. "Charter schools are so successful that people are waiting in line to get into them."

Charter schools operate within public school systems but don't have to follow many of the rules that govern public schools.

Charter schools often hire nonunion teachers, which has made them a target for union-supported legislation. The California Federation of Teachers is a sponsor of AB401.

There were 815 charter schools in California during the 2009-2010 school year, with total enrollment of 323,000. Districts have approved an average of 86 new schools a year over the past 10 years, and growth is accelerating. At current growth rates, the number of California charter schools would hit the cap by the 2016-2017 school year, according to a legislative analysis of the bill.

"We are experiencing a season of unprecedented attack in the Legislature," said Jed Wallace, president and CEO of the California Charter Schools Association. "We're very disappointed to see this pass and we will respond forcefully."

Wallace noted that the bill was introduced with a provision that would have limited charter schools to no more than 10 percent of the schools in the district, which would have effectively blocked any new charter schools in some districts.

"These are exactly the kind of schools we want more of," he said.

The 10 percent limit was removed from the bill before it reached the Assembly floor after some school districts raised concerns.